Liquidated Damages Provision and Other Amendments Sample Clauses

Liquidated Damages Provision and Other Amendments. 2.1 Liquidated Damages Provision. ----------------------------
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Liquidated Damages Provision and Other Amendments. 2.1 Liquidated Damages Provision. ---------------------------- (a) Any and all franchising agreements entered into prior to, on or after December 28, 1998, by and between Franchising and Realco (or any of their respective predecessors or affiliates), except any franchising agreements related to (i) Mainstay Suites and Sleep Inns or (ii) any other hotels owned by Realco that carried a Franchising brand which is not sold by Realco within three years from the date such hotel was reflagged with a different non-Franchising brand (the "Reflagged Hotels"), are hereby amended such that any references to liquidated damages are deleted and Franchising agrees that it waives any claim it may have against Realco for lost future profits arising from such franchising agreements. (b) Provided that Realco is not in default under the $115,000,000 Subordinated Note dated October 15, 1997 (or any replacement or restructuring of such Note) and provided, further, that, at the time of any such default, Choice remains the holder of such Note, Section 10.d.2 of the respective franchising agreements entered into prior to, on or after December 28, 1998 by and between Franchising and Realco related to MainStay Suite Hotels and Sleep Inns or any Reflagged Hotel is hereby amended by include the following: "Any liquidated damages to be paid pursuant to this section will not exceed a maximum of $100,000." (c) Notwithstanding the terms of any and all franchising agreements entered into prior to, on or after December 28, 1998 by and between Franchising and Realco (or any of their respective predecessors or affiliates) related to the twenty-one MainStay Suite Hotels subject to the MainStay Quota, Realco agrees that it shall not reflag any such MainStay Suite Hotel, through a sale or otherwise, or seek termination of any such franchising agreement or fail to enter into a franchising agreement for any such hotels or allow any other brand to be flagged to any such hotel prior to October 15, 2003; provided, however, -------- ------- Realco may prior to October 15, 2003: (i) reflag, or permit the reflagging of, up to two of the properties so identified on Appendix I attached hereto; and ---------- (ii) sell, transfer or convey any such MainStay Suites hotel if such property is relicensed by the new owner or transferee as a MainStay Suites under market terms acceptable to Franchising. Upon an event specified in clause (i) or (ii) of the preceding sentence, Franchising shall terminate the respecti...
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Related to Liquidated Damages Provision and Other Amendments

  • Field Examination and Other Fees Subject to any limitations set forth in Section 5.7(c), Borrowers shall pay to Agent, field examination, appraisal, and valuation fees and charges, as and when incurred or chargeable, as follows (i) a fee of $1,000 per day, per examiner, plus out-of-pocket expenses (including travel, meals, and lodging) for each field examination of any Loan Party or its Subsidiaries performed by or on behalf of Agent, and (ii) the fees, charges or expenses paid or incurred by Agent if it elects to employ the services of one or more third Persons to appraise the Collateral, or any portion thereof.

  • Taxes and Other Payments 7.1. Unless otherwise specifically provided for in this Agreement, the Company shall not be liable for the payment of taxes or other payments for which the Employee is responsible as result of this Agreement or any other legal provision, and the Employee shall be personally liable for such taxes and other payments.

  • Fees, Expenses and Other Payments (a) Except as otherwise provided in this Section 7.3, whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby (including, without limitation, fees and disbursements of counsel, financial advisors and accountants) shall be borne solely and entirely by the party which has incurred such costs and expenses (with respect to such party, its "Expenses").

  • Litigation and Other Notices Furnish to the Administrative Agent (which will promptly thereafter furnish to the Lenders) written notice of the following promptly after any Responsible Officer of the Borrower obtains actual knowledge thereof:

  • Payments Fees and Other General Provisions Section 3.1.

  • Vacation and Other Leave During the Period of Employment, the Executive shall accrue and be entitled to take paid vacation in accordance with the Company’s vacation policies in effect from time to time, including the Company’s policies regarding vacation accruals; provided that the Executive’s rate of vacation accrual during the Period of Employment shall be no less than three (3) weeks per year. The Executive shall also be entitled to all other holiday and leave pay generally available to other executives of the Company.

  • Expenses and Other Payments (a) Except as otherwise provided in this Section 8.3, each party shall pay its own expenses incident to preparing for, entering into and carrying out this Agreement and the consummation of the Transactions, whether or not the Merger shall be consummated.

  • Formalities Fees And Other Charges 11.1 The Pledgor shall be responsible for all the fees and actual expenditures in relation to this Agreement including but not limited to legal fees, cost of production, stamp tax and any other taxes and charges. If the Pledgee pays the relevant taxes in accordance with the laws, the Pledgor shall fully indemnify such taxes paid by the Pledgee.

  • Handling Fees and Other Expenses All fees and out of pocket expenses relating to this Agreement, including but not limited to legal costs, costs of production, stamp tax and any other taxes and fees, shall be borne by Party C.

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